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    • Thank you for your advice.  The owner is happy to write to the Bailiffs and include a copy of his council tax bill and a utility bill. Should he show proof of van ownership too? Would he need to photocopy insurance and v5 documentation for that?   Sorry to ask probably very silly questions.    Also should he write to the Creditors with the same information?  How far can the Creditors take this. With no savings, income or home etc, there is no way to recover anything right now.  Thank you    I 
    • See what you think about the attached.  I haven't really changed your arguments, merely changed the order to make them more obvious for the judge.  Please check for accuracy. I've also royally knackered the numbering and layout Regarding your partner's WS, cut out the first paragraph as it's unnecessary and confusing with its talk of appeals. I see the PCN mentions the amount may rise to £120 if you don't pay - then the idiots went for £170 in their court claim!  Very bad own goal. I also see their solicitors say they won't turn up to the hearing - if so you're more or less guaranteed to win.   Defendant's WS - version 2.pdf
    • Hi,. I purchased a car from In Herts Motors on the 9th July 2024.  They told me it had an intermittent fault with a sensor which was just a sensor issue. The tyres were threadbare so I went to get them replaced on the 11th July, the mechanic pointed out white smoke coming from the engine bay.  I got this investigated and the car has actually got a blown head gasket. Judging by the mess it has been blown for sometime. I contacted the company and requested a refund or repair as I've had the car 3 days at this point, they are flatly refusing claiming they told me the Engine was faulty, this is a barefaced lie. I've had to raise a county court case to deal with this matter.  My question here is what do I do with the car?  I have had to bite the bullet and buy one on finance from Cinch.  Do I SORN the car or do I sign it back over to the trader and park it on the street? I've only one parking bay and my new car is going in there.   Thanks guys.
    • I've seen a lot of that 'the UK prepared for the wrong pandemic' and although that is true as far as it goes, the simple fact that even the flu pandemic guidelines if they had been followed correctly would have reduced many of the impacts, and are useful and usable in many situations   alongside the - we will sell your NHS data app and the VIPal lane, and the bring million back from hotzones and send them across the country with no testing or management ...  among MANY failures of proper policy
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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EU Debt - Enforcement of UK judgments.


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It would seem to be much safer to live within the Lugano countries if trying to avoid UK creditors. Enforcement of default CCJ judgement requires proof of original service.

 

I would love to know if anyone has ever had a DCA chase UK debt within the Euro Zone and what happened? in regards to EEO EPO and what happens if a EEO, EPO is contested based on default UK CCJs?? How much money will DCAs spend on these legal procedures with no guarantee of success?

 

Anyone got a story to tell?

 

 

Enforcing an English judgment in a member state

 

The United Kingdom (and hence England and Wales) is bound by the Brussels Regulation. It is also a contracting state to the Lugano Convention.

The Brussels regime enables the recognition of English judgments in other member states without needing to issue fresh proceedings in the enforcing jurisdiction.

“Judgment” includes:

 

  • An order for costs.
  • Many interlocutory orders (but not those relating to the conduct of the proceedings themselves).
  • Injunctions (although there may be difficulties enforcing, in certain jurisdictions, orders obtained “without notice” such as freezing injunctions).
  • Decrees for specific performance.

Procedure

 

The procedure to enforce an English judgment in another member state is as follows:

 

  • Make a “without notice” application in the enforcing state for the judgment to be declared enforceable (Article 38 of the Regulation or Article 34 of the Convention). While in theory this provision should override any local law requirements of notification, local law advice should be sought, as in practice there may be important modifications.
  • The appropriate body to which the application should be made in the case of each member state is listed in Annex II of the Regulation or Article 32 of the Convention.
  • The procedure is a matter of local law – instruct local lawyers.

There follows a summary of what should be produced to the court in the enforcing state depending on whether you are operating under the Regulation or the Convention. This may vary in accordance with local law. Always instruct local lawyers.

Requirements on an application for recognition or declaration of enforcement under the Brussels Regulation

 

 

  • Copy of the judgment.
  • Certificate in the standard form set out in Annex V of the Brussels Regulation.
  • Certified translations of the above, prepared by a translator qualified in enforcing state.
  • Any other documents required by local law.

See Articles 53 to 54 of the Regulation.

Requirements on an application for recognition or enforcement under the Lugano Convention

 

 

  • Copy of the judgment.
  • In case of default judgment, the original or certified true copy of the document establishing service of the claim form (or equivalent).
  • Opinion or other document establishing that, as a matter of English law, the judgment is enforceable (an affidavit or witness statement sworn or made by an English qualified lawyer would be an appropriate document).
  • Evidence of service of the judgment on the defendant.
  • Certified translations of the above, prepared by a translator qualified in the enforcing state.
  • Any other documents required by local law.

See Articles 46 to 48 of the Convention.

Enforcing the order

 

Once an order for recognition or enforcement has been obtained, consider applying to the enforcing court for a freezing injunction or other protective measures to safeguard the assets in that jurisdiction. You can do this even if the defendant is appealing the decision to authorise enforcement.

It may be possible to obtain interim protection even before recognition; this should be considered particularly if there is a concern about, for example, dissipation of assets or to prevent continued unlawful activity.

Under the Brussels Regulation a judgment from a Regulation state is to be declared enforceable immediately on the completion of the formalities set out in Articles 53 to 54 of the Regulation. There is no power for the court in the enforcing state to refuse enforcement of its own motion by reference to the grounds for refusal that are set out in Articles 34 and 35 (see below). The only grounds for refusing enforcement at this stage are that the formalities in support of the application have not been complied with (that is, the documentation is faulty). Recognition can, however, still be refused by reference to the grounds set out in Articles 34 and 35 (see below).

By contrast, under the Convention, the court in the enforcing state has the power of its own motion to refuse enforcement at this stage by reference to the grounds set out in Articles 27 and 28 of the Convention.

If there is a refusal by the courts of the enforcing state to recognise or enforce, consider appealing. The appeal decision may then itself be appealed by either party. The relevant appeal body (in the case of each member state) is set out in Annex III of the Brussels Regulation or Articles 40 and 41 of the Convention. The Convention and the Regulation are silent on the question of time limits for appeals. Seek local law advice on this point and regarding procedure on appeals generally.

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I have Shoosmiths acting for Nationwide chasing me, they have a CCJ against me taken while I still had a house in the UK, now I don't they want me to fill in an I&E for them to see how much they think I can afford, even though I have made numerous offers through Payplan they still won't go for that, they said they will continue legal action if nothing is agreed. That debt is for 4800 pounds.

 

I also have Eversheds acting for Nationwide, they didn't get a CCJ but are threatening legal action in the Netherlands, they didn't say how, if we don't agree a monthly payment, they also ignore the Payplan offer and want me to fill in an I&E for them, the debt is about 8500 pounds. I am paying them 18 pounds a month but I actually think they will accept something like 30, the first solicitor hinted at this months ago when they tried to take me to court but I managed to stall them by getting it throown out for having the wrong paper work and then kept them going until after the house was sold so they couldn't continue with it thinking that after that they couldn't touch me but having read this I don't know anymore.

 

I'm going along with Shoosmiths for now until they tell me to repay a stupid amount, I think they will ask too much when they ignore the I&E and just decide how much I have to repay anyway.

 

Eversheds I'm being a bit more cocky with, I have refused to fill in their I&E saying that I filled one in for Payplan and that they have a copy and that is what they should stick to as my other creditors have.

 

Not sure what will happen, any advice is welcome, they both have a PO box number for me here in the Netherlands but no proper address and I am cooperating with them but try to stear them towards the payplan offer as much as possible which they have both been receiving for over a year now.

 

I'll keep this posted with what happens.

 

Is this the sort of case you were looking for.

 

 

Thanks

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One question, I just reviewed the credit card agreement from the Nationwide for the Eversheds case, there is no creditors signature where it says 'on behalf of the nationwide' does that make it unenforcible anyway?

 

Thanks

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